STIPULATION OF COUNSEL AND PROPOSED ORDER TO RESCHEDULE THE DEADLINE TO COMPLETE EARLY NEUTRAL EVALUATION, FILE THIRD AMENDED COMPLAINT AND CONTINUE CASE MANAGEMENT CONFERENCE ; ORDER Honorable Edward M. Chen

Plaintiff Walter Jefferson and Defendants City of Fremont, a municipal public entity on behalf of 16 itself and the Fremont Tennis Center, Jeff Gonce, Joe Grech, Annabelle Holland, and Kelly King hereby 17 submit the following Stipulation and Proposed Order rescheduling the deadline to complete Early Neutral 18 Evaluation and to file Third Amended Complaint. 19

The Court ordered Early Neutral Evaluation to be completed by February 13, 2013. However, 20 new information pertinent to the prosecution of this action has been brought to the attention of Plaintiff. 21

As such, Plaintiff requires sufficient time to investigate the new claims in order to have a productive 22 early neutral evaluation. In an effort to not delay this case any further, Plaintiff will file his Third 23

Amended Complaint. 24

IT IS HEREBY STIPULATED AND AGREED AS FOLLOWS:

1. The deadline to complete Early Neutral Evaluation shall be rescheduled to April 29, 2013.

2. Plaintiff will file his Third Amended Complaint no later than February 8, 2013.

3. Defendants shall have until March 1, 2013 to file a responsive pleading to the Third Amended Complaint. 30

4. The Case Management Conference shall be reset from February 28, 2013 at 9:00 a.m. to April 18, 2013 at 9:00 a.m. 3

SO STIPULATED.

I hereby attest that I have on file all holograph signatures for any signatures indicated by a "conformed" signature (/s/) ...

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